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(영문) 대구지방법원 2016.06.22 2015나306444
소유권이전등기
Text

1. The plaintiffs' appeal and the defendant's appeal are all dismissed.

2. Upon a claim added at the trial, the defendant shall be the defendant.

Reasons

1. Basic facts

A. (1) On April 21, 2013, the Plaintiffs entered into a sales contract, etc.) real estate listed in the separate sheet No. 1 from the Defendant (hereinafter “instant real estate”).

A) The purchase of KRW 785,00,000 for each of the Plaintiff’s interests (1/4), the down payment of KRW 80,000,00 on the date of the contract, and the intermediate payment of KRW 185,00,000 for the intermediate payment of KRW 180,000 (no agreement on the payment deadline) and the remainder of KRW 520,000 for the intermediate payment of KRW 520,000 for the payment of May 31, 2013 (hereinafter “instant sales contract”).

(2) The Plaintiffs and the Defendant paid 80,000,000 won to the Defendant on the day of the contract. (2) At the time of the conclusion of the instant contract, the contract deposit is replaced by the expenses and overdue interest payment for the withdrawal of the auction of the Gold Saemaul Depository.

2.The intermediate payment shall be the amount of termination of personal collateral security;

3. The title of the part permitted to part of this land is the Plaintiff A’s succession.

“The Agreement was agreed.”

3) Meanwhile, as to the instant real estate, the Defendant obtained the same building permit as indicated in paragraph (1) of the attached Table 2, on January 3, 2011, and obtained permission for mountainous district conversion as indicated in Paragraph (2) of the same Table on December 15, 2011. (B) At the time when the Plaintiffs entered into the instant sales contract, the Defendant completed registration for the establishment of neighboring mortgage (the maximum bond amount of KRW 520,000,000, the Defendant), F’s establishment of mortgage (the maximum bond amount of KRW 150,000,000, the Defendant), the establishment of mortgage registration (the maximum bond amount of KRW 150,000,000, the debtor), the establishment of mortgage registration (the maximum bond amount of KRW 150,000,000, the Defendant) in the name of H, the establishment of mortgage registration (the maximum bond amount of KRW 25,000,000, the Defendant) in the name of H, respectively.

(4) The registration of the establishment of a neighboring mortgage is made.

(2) On December 28, 2012, the Geumeo Saemaul Community Fund received from the Plaintiffs, even though it received a voluntary decision to commence the auction on January 3, 2013 upon filing an application for a voluntary auction on the instant real estate based on the instant collateral security, the Daegu District Court 1 and the Defendant received from the Plaintiffs.

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